20 U.S.C. § 1234i — Definitions

Page 924 TITLE 20—EDUCATION § 1234i 1 See References in Text note below. (2) the recipient has submitted to the Sec- retary a plan for the use of those funds pursu- ant to the requirements of that program and, to the extent possible, for the benefit of the population that was affected by the failure to comply or by the misuse of funds that resulted in the recovery; and (3) the use of those funds in accordance with that plan would serve to achieve the purposes of the program under which the funds were originally paid. (b) Terms and conditions of repayment Any payments by the Secretary under this section shall be subject to such other terms and conditions as the Secretary considers necessary to accomplish the purposes of the affected pro- grams, including— (1) the submission of periodic reports on the use of funds provided under this section; and (2) consultation by the recipient with stu- dents, parents, or representatives of the popu- lation that will benefit from the payments. (c) Availability of funds Notwithstanding any other provisions of law, the funds made available under this section shall remain available for expenditure for a pe- riod of time deemed reasonable by the Sec- retary, but in no case to exceed more than three fiscal years following the later of— (1) the fiscal year in which final agency ac- tion under section 1234a(e) of this title is taken; or (2) if such recipient files a petition for judi- cial review, the fiscal year in which final judi- cial action under section 1234g of this title is taken. (d) Publication in Federal Register of notice of intent to enter into repayment arrangement At least 30 days prior to entering into an ar- rangement under this section, the Secretary shall publish in the Federal Register a notice of intent to enter into such an arrangement and the terms and conditions under which payments will be made. Interested persons shall have an opportunity for at least 30 days to submit com- ments to the Secretary regarding the proposed arrangement. (Pub. L. 90–247, title IV, § 459, as added Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 356; amended Pub. L. 103–382, title II, § 250(b), Oct. 20, 1994, 108 Stat. 3927.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–382, § 250(b)(1), in- serted before semicolon ‘‘, provided that the recipient was notified of any noncompliance with such require- ments and given a reasonable period of time to remedy such noncompliance’’. Subsec. (c). Pub. L. 103–382, § 250(b)(2), amended sub- sec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘Notwithstanding any other provisions of law, the funds made available under this section shall remain available for expenditure for a period of time deemed reasonable by the Secretary, but in no case to exceed more than 3 fiscal years following the fiscal year in which final agency action under section 1234a(e) of this title is taken.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to re- turn funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as an Effective Date of 1988 Amend- ment note under section 1234 of this title. § 1234i. Definitions For purposes of this subchapter: (1) The term ‘‘recipient’’ means a recipient of a grant or cooperative agreement under an applicable program. (2) The term ‘‘applicable program’’ excludes programs authorized by the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] and assist- ance programs provided under the Act of Sep- tember 30, 1950 1 (Public Law 874, 81st Con- gress), and the Act of September 23, 1950 1 (Public Law 815, 81st Congress). (Pub. L. 90–247, title IV, § 460, as added Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 357.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in par. (2), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. Act of September 30, 1950 (Public Law 874, 81st Con- gress), referred to in par. (2), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, which was classified generally to chapter 13 (§ 236 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables. Act of September 23, 1950 (Public Law 815, 81st Con- gress), referred to in par. (2), is act Sept. 23, 1950, ch. 995, as amended generally by act Aug. 12, 1958, Pub. L. 85–620, title I, 72 Stat. 548, which was classified gen- erally to chapter 19 (§ 631 et seq.) of this title prior to repeal by Pub. L. 103–382, title III, § 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to re- turn funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as an Effective Date of 1988 Amend- ment note under section 1234 of this title. SUBCHAPTER V—READY TO LEARN TELEVISION Editorial Notes CODIFICATION This subchapter was classified to part G (§ 3161 et seq.) of subchapter IV of chapter 47 of this title prior to its renumbering by Pub. L. 103–252, title I, § 121(a)(1), May 18, 1994, 108 Stat. 649. PRIOR PROVISIONS A prior subchapter V, consisting of sections 1234 to 1234i, was renumbered subchapter IV by Pub. L. 103–382, title II, § 212(b)(2), Oct. 20, 1994, 108 Stat. 3913.